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new to real life (Officer)     16 October 2014

Can dv be filed during divorce

Halo everyone. My wife left home 2 - 2.5 years ago and I filed for divorce under mental cruelty. Divorce case has been going on for around 1.5 - 2 years now. She's staying at her parent's house and court has awarded her interim maintenance under Sec 24.

Can she now file DV to claim residence and ask for more maintenance under this act?

Regards



Learning

 5 Replies

Anish Thakur 7018812737 (advocate)     16 October 2014

Filing complint and application under DV act is her right and sh can use it ,howver court consider all angles granting previous maintennance and court proceedings under going or granted between same parties.

Adv. Chandrasekhar (Advocate)     16 October 2014

Yes. She can.  If your divorce case is going on, then it is better for you while opposing her prayer for residential rights formally, propose rented accommodation alternatively.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 October 2014

after the hearing, the court finds that the defendant committed domestic violence, it may grant the plaintiff a more permanent restraining order prohibiting the defendant from initiating any contact for a number of years.but not divorce

new to real life (Officer)     17 October 2014

Does she need to prove domestic violence in court for it to grant her residence and maintenance?

If I don't have sufficient evidence to prove to the court that there was no domestic violence, will the court just ask me to pay for her residence & maintenance?

Regards


(Guest)
Originally posted by : new to real life


Does she need to prove domestic violence in court for it to grant her residence and maintenance?

 

No, she need not prove that dv has occured for her to get residence as well as maintenance u/s 23 of the Act.

If I don't have sufficient evidence to prove to the court that there was no domestic violence, will the court just ask me to pay for her residence & maintenance?
Yes, u/s 23 of the said Act.
Regards


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